PROSECUTION

The crime committed is MURDER and FRUSTRATED MURDER.

The elements of murder are present in the case 1) That a person was killed;
2) That the accused killed him; 3) That the killing was attended by any of the
qualifying circumstances; and 4) The killing is not parricide or infanticide.

The qualifying circumstance that is present in the case is treachery. As the
law provides, there is treachery when the offender commits any of the crimes
against persons, employing means, methods or forms in the execution thereof,
which tend directly and specially to insure its execution, without risk to himself
arising from the defense which the offended party might make. The essence of
treachery is the swift and unexpected attack on the unarmed victim without the
slightest provocation on the part of the victim.

Pedro Decon was killed while helping his father who was shot by the accused.

The act of the accused, Miguel Kayo in killing the victim, Pedro Decon, through the
use of firearm five meters away constitute treachery. The victim was unarmed,
unaware of the incident that will happen, and was not able to defend himself when
he was shot by the accused. The attack was swift and unexpected without the
slightest provocation on the part of the victim. The accused criminally intended to
kill the victim, as criminal intention is the important element of the crime.
The claimed of the accused that he acted self-defense should not be given
merit. We have to consider the distance of the accused from the victim when the
victim was hot, it is FIVE (5) meters away, how can the accused acted in self-
defense when he was far from the victim. The important element of self-defense is
unlawful aggression on the part of the victim. In the present case the victim did not
show any unlawful aggression towards the accused, he was merely stepping outside
their house when he was shot. The mere fact that he was just stepping outside does
not constitute any unlawful aggression against the accused that will compel him to
retaliate. Absence of the elements of self-defense clearly shows that the accused
criminally intended to kill the victim.
The accused also claimed that it was the victim who intended to shoot the
accused. Such contention should not be given credit. When the victim step outside
their house, he holds nothing, when he was shot, he was unarmed, contradicting the
claimed of accused that the victim was armed with a shotgun. The gun used by the
accused is a Cal. 45 gun (or 9mm), as shown by the slugs and bullet shells recovered
by the crime scene investigators from the crime scene, contradicting the claim of the
accused that it was a shotgun.
The gun used by the accused is UNLICENSED which aggravates the crime of
murder.
The cause of death of the victim is cardiopulmonary arrest secondary to
Cardiac Tamponade due to gunshot wound as reported by the Medico-Legal
Officer. The prosecution is presenting VHONG NAVARRO, a Medico Legal Officer
of the PNP Camp Dangwa who conducted the autopsy on the victim and he will
testify in court so that he will explain the cause of death of the victim and will
testify also regarding ballistics. He will prove that the slugs and cartridge recovered
from the crime scene came from the gun used by the accused in the commission of
the crime.